Standard Situations of Conflicts of Interest
Article 50 of the Lawyers' Practice Standards provides the following provisions on the circumstances under which lawyers and law firms establish or maintain client relationships with clients.
There is a conflict of interest between the lawyer and the parties to the case as an agent or between the agent and his close relatives in legal affairs.
(4) If the same lawyer in the same law firm serves as the victim's agent and the criminal suspect or defendant's defender in the same criminal case, there can only be one law firm in the county and must consult in advance. Except with the consent of the parties concerned.
(5) In civil litigation, administrative litigation, or arbitration, lawyers from the same law firm simultaneously serve as agents for both parties to the dispute or a staff member of one party serves as an agent for the other party.
(6) In non-litigation business, other interested parties except the parties *** who have entrusted lawyers from the same law firm to represent them.
(7) After the client relationship is terminated, continuing to hear or handle cases entrusted by the other party with the law firm or the same lawyer basically covers all types of cases
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Article 1 is to regulate the establishment of law firms and strengthen the supervision and management of law firms. In accordance with the Lawyers Law of the People's Republic of China and the National Lawyers Law (hereinafter referred to as the Lawyers Law), etc. Relevant laws and regulations shall formulate these Measures.
Er Law Firm is a lawyer practicing institution. A law firm shall be established in accordance with the law and obtain a practice license.
Article 3 Law firms shall carry out business activities in accordance with the law, strengthen internal management and supervision of lawyers' practice activities, and assume corresponding legal responsibilities.
No organization or individual may illegally interfere with the business activities of a law firm or infringe upon the legitimate rights and interests of a law firm.
Article 4: Judicial administrative organs shall supervise and guide law firms in accordance with the provisions of the Lawyers Law.
The Lawyers Association implements industry self-discipline for law firms in accordance with the Lawyers Law, the Association’s Articles of Association and industry norms.
Establishment Conditions
Article 5 A law firm may be established by an individual lawyer, or it may be established by a lawyer alone or funded by the state.
A partnership law firm can be established in the form of a general partnership or a special general partnership.
Article 6 To establish a law firm, the following basic conditions must be met:
(1) Have its own name, address and articles of association;
(2) Have Lawyers who comply with the provisions of the Lawyers Law and these Measures;
(3) The founder shall be a full-time lawyer with certain professional experience, and shall not have been suspended from practicing law within three years before applying for establishment. Practicing penalties;
(4) Having an amount of property that complies with the provisions of these Measures.
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